The New York State budget adopted Saturday and in the early hours of Sunday morning included historic language mandating lower class sizes in New York City. The exact wording follows:
In a city school district in a city having a population of one million or more inhabitants such contract shall also include a multi-year (5 year) plan to reduce average class sizes, as defined by the Commissioner for the following grade ranges: (i) pre-kindergarten –third grade; (ii) fourth-eighth grade and; (iii) high school. Such plan shall include class size reduction for low performing and overcrowded schools and also include the methods to be used to achieve such class sizes, such as the creation or construction of more classrooms and school buildings, the placement of more than one teacher in a classroom or methods to otherwise reduce the student to teacher ration; provided, however, that notwithstanding any law, rule or regulation to the contrary, the sole and exclusive remedy for a violation of the requirements of this paragraph shall be pursuant to a petition to the commissioner of education under subdivision seven of section three hundred ten of the education law, and the decision of the commissioner on such petition shall be final and unreviewable.
Key to the successful implementation of this measure is the vesting of the final power in the state Commissioner of Education.